Regarding The Suspension Of Time Limits In Legal Proceedings Caused By Covid-19

Regarding The Suspension Of Time Limits In Legal Proceedings Caused By Covid-19

Regarding The Suspension Of Time Limits In Legal Proceedings Caused By Covid-19

Within the scope of the fight against COVID-19, the Law on the Amendment of Certain Laws numbered 7226 (“Law”), published on the Repeating Official Gazette numbered 31080 and dated 26th March 2020, has enacted the suspension of time limits in legal proceedings until 30th April 2020 in order to prevent any loss of rights. According to the changes enacted under the Law:

All time limits related to the origination, usage or termination of a right, including statute of limitations, final terms and mandatory administrative application periods for filing a court action,, commencing enforcement proceedings, applications, complaints, appeals, warnings, notifications;Time Limits regulated in Code of Administrative Procedure;

Time Limits regulated in Code of Criminal Procedure;

Time Limits regulated in Code of Civil Procedure and time-limits determined for parties in codes that contain provisions regarding procedure;

Time Limits determined by a Judge;

Time Limits regarding mediation and reconciliation;

Are suspended starting from 13th March 2020(including this date) until 30th April 2020(including this date) in a retroactive manner.

Time-Limitation periods stated in laws for crimes and penalties, misdemeanors, administrative penalties, disciplinary arrests and preventive detention, time limitsregarding the protective measures envisioned in Code of Criminal Procedure and time limitsregarding procedures concluding cautionary judgments envisioned in Code of Civil Procedure have been excluded fromthe scope of the Law and its discontinuation period. Accordingly the aforementioned proceedings, time limits will not be discontinued and the procedures will continue.

As it is known, it was decided that time limits regarding all debt enforcement and bankruptcy proceedings has been suspended from 22nd March 2020 to 30th April 2020, with the exclusion of proceedings regarding child support payments, with the Presidential Decree regarding Suspension of Time Limits of Debt Enforcement and Bankruptcy Proceedings published on Official Gazette numbered 31076 and dated 22nd March 2020. In accordance with the aforementioned Presidential Decree, the Law stated that:

Any and all enforcement and bankruptcy proceedings with the exception of proceedings regarding child support payments;

All pending enforcement proceedings of parties;

New enforcement and bankruptcy proceedings; and

Proceedings regarding the execution of interim attachment decisions;

will be suspended as from 22nd March 2020 (including this date) until to 30th April 2020 (including this date).

Apart from the provisions explained above, the Law also includes provisions that regulate the time limits for legal proceedingsfurther to the date of 30th April 2020.

According to the mentioned provisions:

Time limits of legal proceedings will continue following the end of the suspension period at 30th April 2020 (1st May 2020). Time limitst hat were shorter than 15 days at the beginning of suspension period will be accepted to extend for additional 15 days from the day they began to continue. In case that the pandemic continues, the President will be able to extend the period for once without exceeding a period of 6 months and narrow the scope. Any additional regulations will be published on Official Gazette.

Additionally it is stated in the Law that Council of Judges and Prosecutors (“HSK”) will determine all other measures to be taken, including postponement of hearings and negotiations, and their procedures and principals for the first degree judicial, administrative judicial authorities and the regional courts, regional administrative courts. HSK held a meeting on 30th March 2020 and provided a legal basis for the decision on the postponements that occurred as a result of the suspension of time limits. According to the decision taken by HSK on 30th March 2020:

All hearings, negotiations and discoveries that would be conducted by the first degree judicial, administrative judicial authorities and the regional courts, regional administrative courts have been postponed until 30th April 2020 (including this date) with the exceptions of evaluation of detention, urgent matters, investigation and prosecution files that have closer statute of limitations, request for suspension of execution and other urgent and necessary matters;

The hearings, negotiations and discoveries will be postponed through the documentation and without holding anyhearings; the parties will be informed of the new dates for hearings and discoveries;

In case the evaluation of detention is mandatory under Code of Criminal Procedure,the hearings will be held by listening to the detainee and the counsel through the Audio and Video Information System (SEGBİS);

Except for the evaluation of detention and emergency affairs, the filing of public actionwere postponed until 30 April 2020 (including this date);

The interim injunction and the appeals against the injunctionwill be evaluated during the suspension period in accordance with the measures taken to prevent the pandemic;

Injunctiondecisions made under the Law on the Protection of the Family and Prevention of Violence Against Women will be evaluated in a way that will not threaten the health of the relevant people with the corona virus.

HSK also stated that there was not such a thing as cease of legalservices entirelyduring the suspension period, and additionally stated that within the scope of the right to legal remedies, the complaints related to crime and criminals will be continued within the framework of the right to file lawsuits and claims.According to the relevant decision, HSK announced that they will re-evaluate the status depending on the recent developments after 30 April 2020.

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